Nagoya Protocol

Nagoya combined — DENR Assistant Secretary Nonita S. Caguioa and BMB Director Crisanta Marlene P. Rodriguez at the 3rd Meeting of the Conference of the Parties serving as the Meeting of the Parties to the Nagoya Protocol (COP-MOP 3) held in Sharm El-Sheikh, Egypt on 17-29 November 2018. [IISD/Francis Dejon (enb.iisd.org/biodiv/cop14/enb/ attrib/)]

A supplementary agreement to the Convention on Biological Diversity is the Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilization (ABS). It provides a legal framework for the effective implementation of one of the three objectives of the CBD: the fair and equitable sharing of benefits arising out of the utilization of genetic resources covering traditional knowledge associated with genetic resources, thus contributing to the conservation and sustainable use of biodiversity.

The protocol was adopted by the Conference of the Parties to the Convention on Biological Diversity at its 10th meeting on 29 October 2010 in Nagoya, Japan.

Focal Office:

Biodiversity Management Bureau (BMB)

Date Ratified:

Party since September 29, 2015

Focal Persons/Offices:

HON. ROY A. CIMATU
Secretary, DENR
Tel. No. (632) 926 3011, 920 4301, 929 6626 loc 2258

FOR. RICARDO L. CALDERON
OIC-Assistant Secretary for Staff Bureaus and Director, DENR-BMB
Tel. Nos. (632) 924 6031 to 35 local 222, 925 8952 to 53

MS. NERMALIE M. LITA
Chief, Wildlife Regulation Section, Wildlife Resources Division, DENR-BMB
Tel. Nos. (632) 924 6031 to 35 local 222, 925 8952 to 53

Commitments:

1. Access obligations. Domestic-level access measures are to
- Establish clear rules and procedures for prior informed consent and mutually agreed terms;
- Provide for issuance of a permit or equivalent when access is granted;
- Create conditions to promote and encourage research contributing to biodiversity conservation and sustainable use;
- Pay due regard to cases of present or imminent emergencies that threaten human, animal or plant health; and,
- Consider the importance of genetic resources for food and agriculture for food security
2. Benefit-sharing obligations. Domestic-level benefit-sharing measures are to provide for the fair and equitable sharing of benefits arising from the utilization of genetic resources with the contracting party providing genetic resources.
3. Compliance obligations. Specific obligations to support compliance with the domestic legislation or regulatory requirements of the contracting party providing genetic resources, and contractual obligations reflect ed in mutually agreed terms, are a significant innovation of the Nagoya Protocol. Contracting Parties are to:
- Take measures providing that genetic resources utilized within their jurisdiction have been accessed in accordance with prior informed consent, and that mutually agreed terms have been established, as required by another contracting party;
- Cooperate in cases of alleged violation of another contracting party's requirements;
- Encourage contractual provisions on dispute resolution in mutually agreed terms;
- Ensure an opportunity is available to seek recourse under their legal systems when disputes arise from mutually agreed terms (MAT)
- Take measures regarding access to justice; and
- Monitor the use of genetic resources after they leave a country by designating effective checkpoints at every stage of the value-chain: research, development, innovation, pre-commercialization, or commercialization.

Policy Issuances:

Joint NCIP and Intellectual Property Office Philippines (IPOPhil) Administrative Order No. 1, Series of 2016 Rules and Regulations on Intellectual Property Rights Application and Registration Protecting the Indigenous Knowledge Systems and Practices of the Indigenous Peoples and Indigenous Cultural Communities.

Sources / Relevant Links:

Official Nagoya Webpage from CBD

Status:

Updates

The First Interim National Report on the Implementation of the Nagoya Protocol was submitted on 28 December 2017.

To respond to the commitment to establish legislative measures on ABS, House Bill No. 2163 "Strengthening the National Policy on Access and Benefit Sharing from the Utilization of Philippine Genetic Resources" was proposed and approved at the Committee on Science and Technology during its meeting on 29 August 2018. Another proposed measure is an Executive Order on "Strengthening the National Policy on Wealth Generation from Access and Benefit Sharing and Utilization of Genetic Resources" which was submitted to the Office of the President in May 2018.

A proposal was submitted to GEF entitled "Implementing the National Framework on Access and Benefit Sharing of Genetic Resources and Associated Traditional Knowledge in the Philippines." This aims to develop a Wealth Creation Program from Philippine Biodiversity.

Latest Activities

- 3rd Meeting of the Conference of the Parties serving as the Meeting of the Parties to the Nagoya Protocol on Access and Benefit-sharing (COP-MOP 3), 17-29 November 2019; Sharm El-Sheikh, Egypt - DENR Assistant Secretary Nonita S. Caguioa, Director Crisanta Marlene P. Rodriguez, Nermalie M. Lita, Nancy R. Corpuz (BMB)
- 2nd meeting of the Conference of the Parties serving as the meeting of the Parties to the Nagoya Protocol on Access and Benefit-sharing (COP-MOP 2), 2-17 December 2016; Cancun, Mexico - Dir. Theresa Mundita S. Lim, Ms. Nermalie M. Lita (BMB), and Ms. Amparo Ampil, (Department of Agriculture)

Next Steps

- Lobby for the approval of the House Bill No. 2163 "Strengthening the National Policy on Access and Benefit Sharing from the Utilization of Philippine Genetic Resources" including the proposed Executive Order "Strengthening the National Policy on Wealth Generation from Access and Benefit Sharing and Utilization of Genetic Resources."
- Development of a Project Preparatory Grant (PPG) on ABS under GEF7

This Page was updated on 12 December 2019 and will be updated on 10 December 2020